Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-10-14
THE GRAND JURY.
The Instructions of Judge Van Fleet Al
Good Reading Matter.

The work OF impanellng the Oranu jury
was resumed yesterday morning in Depart
ment Two, before Judge Van Fleet. But
sixteen members had been secured, and it
was necessary to issue a special venire OF
fifteen names from which TO complete the
jury. Even from this additional supply 1t
was impossible to procure the required
number. Accordingly another venire of
ten names was issued, from which the Jury
was finally completed. The personnel OF
the jury is: H. c. Lathrop, Jacob Heintz,
John Ochsner, ]. F. Gladney, ]. F. Rich
ardson, NJ. Barber. NJ. Roach, P. Yaeer,
Geo. Smith, j. NJ Henderson, Rudolph
Wittenbrock, j. w. Wilson, Robert Devlin,
n. L. Drew, James Elder, I. c. Perkins,
Myron Smith {foreman), P. Beckendorff,
w. d. Comstock.
After swearing in the jury Judge Van
Fleet charged them, among other things
saying that it was incumbent upon them to
investigate all offenses against the law OF
which they were informed, no matter how
the same were brought to their notice, and
stated that an indictment could only be
found by concurrence OF twelve OF their
number He outlined briefly the manner
of taking testimony and the character of
formed them that it was their duty as
Grand Jurors to inquire into the conduct of
public persons and public officials. In his
closing remarks Judge Van Fleet made use
of the following language:
Before closing this charge, gentleman, l
wish to direct your very careful attention
to another matter, and one that directly
affects the administration of justice, which
it is entirely proper l should submit for
your consideration.
1T has become manifest that there exists
in this community strong sense of uneasi-
ness and suspicious that our jury system is
not entirely free from improper influences
and dishonest manipulation. This senti-
ment has found frequent expression through
the medium of the public press and the
voice of the general public, in the form of
severe structures, not only upon the man
ner in which jurors for Courts of record are
selected and returned, and the character of
our juries generally, but also in charges of
corruption and bribery, and that verdicts
have failed and criminals have been per-
mitted to go UNPUBLISHED through the de-
liberate and corrupt manipulation of the
jurybox. 1t has, for instance, been openly
charged in exact and unequivocal language
in our public journals that there has been
gross conception of juries in Sacramento
county; that coin has been paid to secure
verdicts; that men have gone upon panels
purposely to thwart the ends of Justice;
that grossly careless making up of lists has
prevailed; that the evidences are multi
tudinous that
JURIEs HAVE BEEN FIXED,
And clearances had by prearrangement.
These are painful facts, if true, and it is
unnecessary to suggest that if they be true,
or any part of them, they exhibit state of
things which cannot be PASSED over lightly
The corruption of its Courts of Justice in
volving, as it does, the commission of the
gravest of offenses, is thing no law-abid-
ing community can afford to tolerate with
out the most earnest efforts to bring the
offenders to Justice. Nothing more directly
tends to subvert good government than a
dishonest administration of its laws 1t
would be idle to dwell upon the manifold
evils that must necessarily flow from the
existence of such condition of things.
They are obvious to the meanest mind
On the other hand, if these things that
are charged are not true, then it is equally
imperative that their falsity should be
shown-not only to vindicate those upon
whom they may reflect, but to restore the
confidence of the public, since no one
thing is more detrimental to the peace
and good order of society, nor better calcu-
lated to bring into contempt and disparage-
ment the law itself, than loss in public
confidence in the perfect purity of its adj
ministration.
While these charges are in no legal
sense evidence of the facts which they pur-
port to assert, nevertheless, coming from so
responsible source, they are of character
to arrest the attention and
CHALLENGE THE CLOSEST
Scrutiny into their foundation for truth,
and make it the duty of the Court to SUBJ
nit the matter for your investigation. |
therefore request of you a full and search
ing inquiry into these charges, and trust
if they be found true, in whole or in part,
that you may be able to ascertain the guilty
ones and bring them to punishment for
no class of crime is to be more greatly ex-
ecrated than that which seeks 10 interfere
with or defeat the administration of the
law through the corruption of its chosen
instruments. l cannot direct the manner
of your inquiry further than by the general
rules the law lays down for your guidance
in all investigations had before you, but l
would suggest that your examination ex-
tend to ascertaining whether the provisions
of the law are strictly followed by all those
who are charged with any duty connected
with the jury system-that is, as to the
manner of selecting and returning Jurors
the preparation and
PRESERVATION OF THE BALLOTS
And the impaneling Of juries for trial
of cases. That besides this you Investigate
the question whether there has been any
unlawful manipulation or corrupting infu-
ence used, either by means of money or
otherwise by any persons to secure verdicts
in any particular cases to which your at
tention may be called. am aware that
such an investigation is beset with difficult
ties owing to the secrecy and stealth with
which such offenses are perpetrated; but
we have lately had striking example in
the neighboring city of San Francisco OF
what determination and courage on the
part of the Grand Jury can accomplish in
ferreting out this same character of crime
and l trust that your labors will be con-
Quoted without fear or favor, and that they
may be fruitful of good results. 1t is un.
doubtedly true that color has been lent tC
many of the charges that have been brought
against our jury system by the unfortunate
fact that there have been frequent and fla
grant miscarriages of justice in jury trials
and upon the question as to whether these
results have been produced by corruption
and venality, or through other and limo
cent causes, trust your investigations may
throw light
Exhibit of Our Resources.